McKinley grad on Death Row seeks a new trial

Former McKinley High graduate Kevin Keith is asking for a new trial in hopes of escaping his death sentence. A judge is set to make a decision soon.

Kimbery Gasuras

A visiting judge is reviewing briefs before deciding whether convicted triple murderer Kevin Keith will get a new trial in Crawford County.

Keith, a former Canton resident on Death Row at the Ohio State Penitentiary in Youngstown, was found guilty of killing three people at Bucyrus Estates on Feb. 13, 1994. Three others survived gunshot wounds.

At a status hearing June 10, Visiting Judge Thomas P. Curran of Cleveland told attorneys to file their briefs on the case.

His ruling could come within days, said Rachel Troutman of the Ohio Public Defender’s Office.

Keith is scheduled to be executed Sept. 15, but has a clemency hearing Aug. 11 in Columbus.

Keith, 46, formerly of Crestline, was convicted of opening fire on a group of people in retaliation for a drug arrest he blamed on an informant related to the victims.

Assistant Prosecutor Cliff Murphy said Keith has exhausted his appeals and insists no new evidence or evidence of false testimony exists.

Keith's attorneys disagree.

“We continue to investigate and continue to find new evidence, which is why things are getting filed piece by piece,” Troutman said. “Kevin Keith is innocent, and all the evidence together will show that.”

DEFENSE CLAIMS

Troutman said Bucyrus police offered evidence at Keith’s original trial that was not accurate.

Her motion includes evidence pertaining to a prosecution witness, a nurse named John Foor at Grant Medical Center. Foor treated Warren, the lone adult who survived the shooting.

According to Troutman, Warren told at least four people, including a police officer, he did not know who shot him and that the shooter wore a mask.

In court, Warren testified a man named Kevin was his attacker and he identified Keith as the shooter.

At trial, Foor testified he called Bucyrus police around 5 a.m. to tell them Warren wrote down the name of the shooter: Kevin.

Troutman said police logs indicate no call came in at 5 a.m. on the day in question.

Also at issue is a shell casing recovered by Bucyrus resident Farnella Graham in front of her residence.

Graham, now deceased, lived near General Electric, where Keith said he picked up his girlfriend from work at 11 p.m., about two hours after the shootings.

According to Troutman, newly discovered police logs indicate the bullet casing is an issue. The log reads, “1221 S. Walnut. Woman found casing. Thinks she may have picked it up in the McDonald’s area.”

Murphy said trial transcripts show Graham and Bucyrus police Officer John Seif testified the shell casing was found in front of her home, across from General Electric. Her daughter, both said, made the call to police.

Troutman’s brief states Keith’s new evidence includes radio logs from the Bucyrus Police Department that were not disclosed until this year during a civil lawsuit filed by Massillon resident Edwin Davila against the city for destroying records from 16 years ago. Davila recently won a $1.4 million judgment in the case.

Davila recently said of the Keith case, “There is an individual on Death Row who could have benefited from the existence of these public records, and so far he has not been able to receive a new trial. Hopefully, this decision will also help him.”

Bucyrus Police Chief Ken Teets, who was a patrolman at the time the murders took place, is confident all records were turned over to the defense.